Bechan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32694 of 2025 Arising Out of PS. Case No.-416 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== Bechan Singh S/o Sakaldev Singh R/o Village- Gwash, Bind Toli Ward No. 18, P.S.- Beldaur, District- Khagaria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Priyanshu Ranjan For the Opposite Party/s :

Mr.Kanhiya Kishor ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. Perusal of the first information report and the seizure list, would go to show that 6 liters of country made liquor is said to have been recovered from the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that there is no recovery from the physical and conscious possession of the petitioner. As a matter of fact, the house is a joint property and the name of the petitioner has been disclosed by the Mahal Choukidar. It is further submitted that

Patna High Court CR. MISC. No.32694 of 2025(3) dt.23-06-2025 2/2 the mandatory provisions of search and seizure have been violated as there is no independent witness to the seizure list. Learned counsel for the petitioner further submits that the petitioner is a HIV patient and on the date of alleged occurrence, he was not present at the place of occurrence. The petitioner has no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail.

6. Taking into consideration the fact and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Beldour P.S. Case No. 416 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.

(Soni Shrivastava, J) devendra/- U T